PIL instrument(s)

Case number and/or case name

OLG Köln, 8.9.2003 – 16 U 110/02

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

07 September 2003

Appeal history

CJEU's case law cited by the court

Summary

The plaintiff is a German company claiming payment on contractual grounds. The defendant is a Greek company. The plaintiff sued for damages in Greece on the 10th January 2001. The lawsuit of the plaintiff was filed in Germany on the 31st January 2002. The court of first instance accepted the international jurisdiction The court of appeal stayed the proceedings. It stated that the court in Athen, Greece was the court first seised in the sense of Artt. 27 (1), 30 no. 1. The proceedings also involved the same cause of action. This is determined by the “main issue” case law of the CJEU according to which claims involve the same cause of action if the main issues of both actions are the same. This leads to a broad interpretation in order to avoid contradictory judgements. The plaintiff’s action involves payment claims which were denied by the action of the defendant before the court in Athens, Greece. There is a risk of contradictory judgements because the German courts could grant the payment claims whereas the Greek court could deny them. Therefore, the court stated that it is obliged to stay its proceedings according to Art. 27 Brussels I. The judgement correctly engaged with the “main issue” theory of the CJEU which is also broadly accepted among academic scholars. Therefore, the judgement is correct.